VCM30010 - EIS: disposal relief:
introduction
Gains arising on disposals of shares in an EIS company may not
be chargeable to CGT. This relief is called exemption or disposal
relief in this guidance. It applies only to shares attracting EIS
Income Tax relief.
The EIS disposal relief legislation is at TCGA92/S150A and
TCGA92/S150B. The principal features of the scheme are:
- Gains on the disposal of EIS shares
acquired within the annual investment limit that applies for Income
Tax relief are exempt unless the Income Tax relief is reduced or
withdrawn.
- Losses on the disposal of EIS shares are
allowable. The amount of the capital loss is reduced by the amount
of the Income Tax relief still attributable to the shares disposed
of.
- Capital losses arising from certain
disposals of EIS shares can be set against income.
- The ordinary share pooling and
identification rules do not apply. Instead the EIS share
identification rules are used.